In an effort to prevent and quickly resolve disputes over standard essential patents, the JPO has released a revised guide for negotiations involving standard essential patents (SEPs), which are patents necessary for the implementation of standards (e.g., in the eld of wireless communications). This guide was originally developed in 2018 to increase transparency and predictabilityregarding license negotiations for standard essential patents. At the time when this guide was rst developed in 2018, attention was focused on the preliminary ruling by the European Court of Justice in the case of Huawei v. ZTE, which provided a framework for good faith negotiations. The 2022 revision is intended to further address issues such as the scope of information to be provided by the parties at each stage of negotiations and the response period. In doing so, the guide attempts to set forth norms of good faith negotiations to be followed by rights holders and implementers to encourage early settlements and avoid unnecessary disputes.
The guide can be found here. (English)